Gujarat Court January 2006 Judgments
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Gujarat Steel Tube Employees Union and anr. Vs. O.L. of Gujarat Steel ...
Court: Gujarat
Decided on: Jan-09-2006
Reported in: [2006]131CompCas410(Guj); (2006)5CompLJ452(Guj); [2006]70SCL407(Guj)
K.A. Puj, J.1. Since common issue is raised by the learned advocates appearing for the workmen with regard to their exclusive right under Section 529-A of the Companies Act, 1956 of satisfaction of their dues prior to the right of any other Creditors either Secured or Unsecured, all these applications are heard together and the said issue is decided by this common judgment and order.2. Company Application Nos. 362 of 2004 and 232 of 2005 are filed by Gujarat Steel Tubes Employees Union and Gujarat Mazdoor Sabha, Ahmedabad. In Company Application No. 362 of 2004, the applicants have sought for the direction to the Official Liquidator of Gujarat Steel Tubes Limited (In Liquidation) to disburse an amount of Rs. 12 Crores realized from the sale of plant and machinery amongst the employees as a part payment towards their legal dues, claim for which is pending with the Official Liquidator. 3. In Company Application No. 232 of 2005, a declaration was sought for from this Court to the effect t...
Commissioner of Income Tax Vs. Rewashanker A. Kothari
Court: Gujarat
Decided on: Jan-09-2006
Reported in: (2006)201CTR(Guj)510; [2006]283ITR338(Guj)
D.A. Mehta, J.1. The Income Tax Appellate Tribunal, Ahmedabad Bench SC has referred the following two questions under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of the Commissioner of Income Tax, Rajkot.[1] Whether the Appellate Tribunal is right in law and on facts in setting aside the order made by the C.I.T. Under Section 263 of the I.T. Act?[2] Whether the Appellate Tribunal is right in law and on facts in observing that the income was required to be taxed as capital gain and not as business income?2. The assessment year is 1987-88 and the relevant previous year is the year commencing on 1st July 1985 and ending on 30th June 1986. The assessee was originally assessed Under Section 143(1) of the Act on 28-7-1987. The Commissioner of Income Tax, Rajkot (CIT) issued notice Under Section 263 of the Act on 19/2/1990. The assessee submitted a detailed reply dated 2/3/1990. However, the CIT passed an order on 12/3/1990 in the following terms:[3]. The assessee's c...
Commissioner of Income-tax Vs. Prabhudas Kishordas Tobacco Products Pv ...
Court: Gujarat
Decided on: Jan-09-2006
Reported in: (2006)201CTR(Guj)312; [2006]282ITR568(Guj)
D.A. Mehta, J.1. The Income Tax Appellate Tribunal, Ahmedabad Bench SC has referred the following two questions under Section 256(1) of the Income Tax Act, 1961 (the Act) at the instance of Commissioner of Income Tax:[1] Whether the Appellate Tribunal is right in law and on facts in holding that the assessee company is an industrial undertaking for the purposes of Section 80HH and 80I of the I.T Act?[2] Whether the Appellate Tribunal is right in law and on facts in confirming the order made by the CIT (A) whereby he had held the cars, trucks, dead stock, pumps etc. are not plant and machinery for the purpose of determining the cost of project for treating the assessee as small scale industrial undertaking?2. The assessment years are 1984-85 and 1985-86 with the relevant accounting periods being years ended on 31st July 1983 and 31st July 1984 respectively. The assessee, a Private Limited Company, claimed relief under Section 80HH and 80I of the Act for both the assessment years. The sa...
Indian Institute of Management Vs. Gujarat Mazdoor Sabha and 18 ors.
Court: Gujarat
Decided on: Jan-09-2006
Reported in: [2006(110)FLR674]
K.A. Puj, J.1. The petitioner, namely Indian Institute of Management (SIIM for short) has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the order passed by the learned Assistant Labour Commissioner making reference under Section 10 of the Industrial Disputes Act to the Labour Court, Ahmedabad. The petitioner has also prayed for a writ of Prohibition, prohibiting all further proceedings before the Labour Court, pursuant to the reference order and the notice of hearing served by the Labour Court, Ahmedabad.2. The petition was admitted and Rule was issued on 14th December, 1992. Ad-interim relief in terms of para 21(D) was granted whereby further proceedings before the Labour Court in the matter being LCR No. 1295 of 1992 were stayed. The said interim relief continued till 14.10.2005 and this Court vide its order of even date has vacated the interim relief as no one was present on behalf of the petitioner.3. Heard Mr. K....
Commissioner of Income-tax Vs. Vikrant Crimpers
Court: Gujarat
Decided on: Jan-09-2006
Reported in: (2006)202CTR(Guj)393; [2006]282ITR503(Guj)
H.N. Devani, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'B', has referred the following question under Section 256(1) of the Income-tax Act, 1961 ('the Act'), at the instance of the Commissioner of Income-tax:Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the Commissioner of Income-tax, Surat, was not justified to pass the order under Section 263 of the Income-tax Act, 1961, in the case of the assessee relating to the assessment year 1986-872. The assessment year is 1986-87.3. Heard Mr. T.U. Bhatt, learned standing Counsel for the applicant-Revenue. Though served, there is no appearance on behalf of the respondent-assessee.4. The facts stated briefly are that the Assessing Officer had made assessment under Section 143(1) of the Act on March 8, 1988. The Commissioner of Income-tax, being of the view that the said order was erroneous and prejudicial to the interests of the Revenue, initiated proceedings under Section 263 of the Ac...
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